Minnesota Motion to Refer Case to Mediation

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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker.

Mediation is a voluntary and confidential process where a trained impartial mediator helps parties in conflict communicate respectfully and effectively with each other. The mediator facilitates communication by helping the parties define issues, remove communication obstacles, and explore potential solutions.

Court referred mediation or Court annexed mediation is the manner of how a case in court is referred to mediation directing the parties to report to designated individual(s) or a committee set up for that purpose and carry through the talks for ending the dispute.

Mediation is confidential, provided by a Rule 114 mediator with the goal to support parties to reach agreements with one another. Mediation is ideal in difficult situations so parties are able to keep decision making in their own hands rather than having the court system or other third parties decide for them.

114 provides that alternative dispute resolution (ADR) must be considered for nearly all civil cases filed in district court. The ADR Review Board, appointed by the Supreme Court, approves individuals and organizations who are qualified under Rule 114 to act as neutrals in court-referred cases.

Mediation is a process that can be conducted in three ways that vary in formality, goals, the mediator's techniques, and outcomes. Listed from more formal to less formal, the styles of mediation are: settlement conference, facilitative, and transformative.

Mediation is simply a negotiation to try to settle your case with the help of a neutral party. It gives both parties a chance to tell their side of the story to someone who has no stake in the outcome of the case. The mediator will then try to help you reach a compromise.

Rule 133.03Statement of the Case If the respondent agrees with the particulars set forth in the appellant's statement, no additional statement need be filed. If a party desires oral argument, a request must be included in the statement of the case.

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Minnesota Motion to Refer Case to Mediation